Original scientific paper

Responsibility of “Insurrectional and Other Movements” for International Crimes: Article 10 of Draft Articles on Responsibility of States in Regard to the ICJ Judgment in the “Genocide Case” (Croatia V. Serbia)

Davorin Lapaš orcid.org/0000-0002-5861-6620 ; Faculty of Law, University of Zagreb, Zagreb, Croatia

Abstract

The paper analyzes the status of “insurrectional or other movements” in contemporary international law, including the issue of their responsibility for internationally wrongful acts, particularly in the context of Article 10(1)(2) of the Draft articles on Responsibility of States for Internationally Wrongful Acts adopted by the International Law Commission in 2001. Also, the paper deals with the application of that Article in the recent case before the International Court of Justice concerning the Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Croatia v. Serbia), with consideration of possible grounds for responsibility of States for the conduct of “insurrectional or other movements”, including the principle of attribution, succession of responsibility, and strict liability of States.

Keywords

“insurrectional or other movements”; internationally wrongful acts; attribution; succession of responsibility; strict liability of States

Hrčak ID:

144888

URI

https://hrcak.srce.hr/144888

Publication date:

31.8.2015.

Article data in other languages: croatian

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